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PROCEDURAL SAFEGUARDS: SURROGATE PARENTS, NOTICE AND PARENTAL CONSENT - Regulations

2. Revise requirements regarding when the procedural safeguards notice must be provided to parents.

A copy of the procedural safeguards available to the parents of a child with a disability must be given to the parents only one time a school year, except that a copy also must be given to the parents:
  • Upon initial referral or parent request for evaluation;

  • Upon receipt of the first State complaint under 34 CFR 300.151 through 300.153 and upon receipt of the first due process complaint under 34 CFR 300.507 in a school year;
  • In accordance with the discipline procedures in 34 CFR 300.530(h) (...on the date on which the decision is made to make a removal that constitutes a change of placement of a child with a disability because of a violation of a code of student conduct, the LEA must ... provide the parents the procedural safeguards notice); and
  • Upon request by a parent.
A public agency may place a current copy of the procedural safeguards notice on its Internet Web site, if a web site exists.
[34 CFR 300.504(a) and (b)] [20 U.S.C. 1415(d)(1)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. How will this impact practice?


Application Questions

  1. How will parents be informed of these changes?


  2. What information and assistance might families need from LEAs and schools to understand these procedures?

    These questions were developed by the following stakeholders working together:

    Role: Teacher
    Location: West Virginia

    Role: Family Member
    Location: New Jersey

    Role: General Education Administrator
    Location: California

    Role: Higher Education
    Location: Indiana

    Role: Administrator
    Location: Illinois

    Role: Special Education Administrator
    Location: Kentucky